1. Field of the Invention
The present invention relates generally to methods and apparatus for presenting selected information to one or more individuals, and authenticating both the individual's receipt and the individual's comprehension of the information presented. In a preferred embodiment of the present invention, the methods and apparatus relating to the authenticating operation include methods and apparatus for visually and, optionally, otherwise recording the individual's response(s) to the information presented simultaneously with the presentation thereof. Preferably the authenticating operation further includes methods and apparatus for archiving, retrieving and observing in a correlated fashion both the information presented and the recorded individual's responses thereto. The present invention is particularly well-suited to providing an individual with information apprising the individual of risks associated with a particular activity and authenticating the individual's receipt and comprehension of the information presented and informed consent to assume such risks when participating in such activity.
2. Description of the Prior Art
Daily human interaction requires the exchange of ideas, language, symbols, data, messages, or other communications. In some situations, legal ramifications can arise if information is not communicated effectively.
Examples of information which, if miscommunicated or not fully appreciated by the recipient can give rise to legal ramifications are numerous. Such examples include, but are not limited to, information given to a patient regarding the risks associated with medical procedures or the use of medicinal drugs, information conveyed to person relating to the risks associated with certain leisure or sporting activities (e.g., but not limited to horse back riding, hang gliding, bungy jumping, parachuting, etc) and information conveyed which by nature of the information itself affects a persons legal rights, (e.g., legal effects of taking breathalyzer tests, legal effects associated with acknowledging receipt and understanding of Miranda warnings, legal effects of accepting a plea bargain in the context of criminal litigation or a settlement offer in the context of civil litigation).
Often, written consent forms are used by those conveying information to a recipient in an attempt to insulate the information provider from claims that the information was not provided or was not provided effectively. Such written consent forms either contain the information itself or are executed by the recipient after oral communication of the information to the recipient by the information provider. Such written consent forms typically state that the recipient's execution of the consent form evidences that the recipient has received and understood the information conveyed, and has consented to such risks as were described in the information conveyed to the recipient.
However, consent forms, standing alone, are not perfect instruments. A signed consent form does not necessarily provide insight into the recipient's state of mind, comprehension, or capacity. For example, there may be no indication of fraud, fatigue, misunderstanding, lapse of attention, coercion or other relevant factors which may have prevented the recipient from fully understanding the nature of the information conveyed, arguably rendering any such consent ineffective. If the consent is ineffective, the recipient could suffer physical, legal, pecuniary or other injury which was not necessarily contemplated by the recipient. The recipient might attempt to hold the information provider liable for such injury, for, among other grounds, failure to effectively communicate the information to the recipient. Therefore, uncertainty over whether the information was effectively communicated to and understood by the recipient could expose the information provider to liability despite the existence of a signed consent form.
Attempts have been made in the art to provide information to a recipient and to test the recipient's understanding of the information conveyed using audio-visual equipment as opposed to, or in addition to, the written consent form.
For example, U.S. Pat. No. 3,946,503 to Buchan et al. discloses a device that presents a pre-formatted audio-visual presentation to educate medical patients or other individuals about a subject. The visual portion of the presentation comprises a filmstrip and is displayed on an illuminated screen. The audio portion includes a synchronized audio tape. The Buchan device also discloses obtaining a patient's or individual's responses or answers to test questions in a condensed electrically coded form on a simple tape cassette. More particularly, by recording a series of tones on a cassette tape, the Buchan apparatus is able to link questions with the answers. To retrieve the user's responses, the audiotape is replayed whereupon the participant's responses are displayed as a plurality of illuminated lights. The Buchan apparatus also provides for bypassing a series of subordinate or branching sequences of questions in response to the selection of a predetermined answer to a primary question. The Buchan apparatus is adapted to record its data in condensed form and transmit that data by a data phone set to a remotely located computer which is programmed to process the data.
There are several limitations of the Buchan device. The Buchan device provides no visual or other authentication (e.g., electronic signature, retinal scan etc.,) conclusively establishing that a particular individual actually engaged in the learning session. Nor does the Buchan device provide an indication of the questioning environment, such as the degree of privacy, opportunities for fraud, coercion, etc. Nor does the Buchan device simultaneously record the recipient's visual and/or other response/reaction to the information presented simultaneously with the presentation thereof.
Additional audio-visual instruction devices are disclosed in U.S. Pat. Nos. 3,273,260; 3,939,579; 3,504,445; 4,482,328; 4,552,535; 3,481,052; and 3,968,576.
While generally adequate for displaying information to a person, these devices may not provide sufficient evidence of the recipient's receipt of the information and/or the recipient's demeanor, comprehension, or overall mental and physical state to adequately prove that a particular individual received certain information and was capable of understanding and fully appreciating the information conveyed.
A need exits in the art for a method and apparatus for presenting information to a recipient, which can conclusively establish that a particular individual received such information and fully comprehended such information, which method and apparatus is also capable of providing a correlated record of the information presented and the recipient's simultaneous responses to such information during its presentation, which correlated record can be archived, retrieved and observed for subsequent use at a later date. It would be particularly advantageous if such correlated record could be permanently, confidentially, and compactly stored.